No fence shall be built, erected, constructed, altered or moved upon, and onto or within any portion of a lot, except for the following permitted fences:
(a) Privacy fences. Privacy fences shall be permitted only in a side and rear yard, with a height not to exceed six feet six inches. Privacy fences must be erected no less than six inches from the common property line of an adjacent lot.
(b) Ornamental fences. Ornamental fences shall be permitted as follows:
(1) Front yard. Ornamental fences shall be permitted in a front yard with a height not to exceed four feet six inches, must be not less than six inches from the common property line of an adjacent lot and must be not closer than six inches to a street right-of-way line.
(2) Side and rear yard. Ornamental fences shall be permitted in a side and rear yard with a height not to exceed six feet six inches and must be not less than six inches from the common property line of an adjacent lot.
(c) Chain link fences. Chain link fences must be dark green or black in color, and must be vinyl-coated or painted, and shall be permitted only in a side and rear yard, with a height not to exceed six feet six inches, and must be not less than six inches from the common property line of an adjacent lot.
(d) Living fences. Living fences shall be permitted in a front, side and rear yard and must be maintained not less than six inches from the common property line with an adjacent lot and must be maintained not less than six inches from a street right-of-way line. There is no height requirement for living fences.
(e) Solid wall fence. Solid wall fences shall be permitted as follows:
(1) Front yard. Solid wall fences shall be permitted in a front yard with a height not to exceed four feet six inches and shall be constructed in a manner that will not interfere with the natural flow of water.
(2) Side and rear yard. Solid wall fences shall be permitted in a side and rear yard with a height not to exceed six feet six inches and shall be constructed in a manner that will not interfere with the natural flow of water.
(f) Unless otherwise permitted by the Planning and Zoning Commission pursuant to subsection (g) below, an agricultural fence shall be permitted only in the side and rear yard of the premises, actually devoted to agricultural pursuits, and must be maintained not less than six inches from the common property line with an adjacent lot, and shall not exceed six feet in height.
(g) Planning and Zoning Commission approval when required. Planning and Zoning Commission approval is required for the following:
(1) Any fence that exceeds six feet six inches in height, including but not limited to fences for recreational purposes, agricultural deer fences, and privacy fences where unusual topography creates the need for increased fence height to maintain privacy.
(2) All non-residential fences or an agricultural fence in the front yard.
(3) Any fence that uses barbed-wire, as outlined in § 1290.04(b).
(4) Any ornamental fence that utilizes exotic and/or unusual fence materials and/or design.
The Planning and Zoning Commission shall determine whether the restrictions herein contained constitute a practical difficulty, as that term is set forth and explained in § 1264.05 and shall also consider the effect and impact of the fence upon the neighboring properties and their owners, and if approved may attach such conditions to its approval that would ensure that it would not be harmful to the health safety, welfare or value of the neighboring properties or their owners.
(Ord. 09-O-37, passed 9-21-2009)